United States Ninth Circuit

In an action by a firefighter against the City of Rialto and the Rialto Fire Department, alleging violations of his constitutional rights arising during a departmental internal affairs investigation, summary judgment for defendants is affirmed in part where plaintiff's constitutional right under the Fourth Amendment to be protected from a warrantless unreasonable compelled search of his home was violated, but this right, under these or similar facts, was not clearly established at the time of this constitutional violation. However, the order is reversed in part where one defendant was not entitled to qualified immunity as a private attorney.

Appellate Information

• Decided 09/09/2010
• Published 09/09/2010

Judges

• Mark W. Bennett

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael A. McGill, Howard B. Golds